Common use of Repair and Maintenance by Landlord Clause in Contracts

Repair and Maintenance by Landlord. Except as provided in Section 14, Landlord shall be responsible for the maintenance and repair of exterior and load-bearing walls, floors (but not floor coverings), mechanical, electrical, plumbing and HVAC systems and equipment which are Building Standard, the roof of the Building, the Common Areas, the Service Areas, the Parking Areas and the fire alarm panel, sprinkler system and strobes serving the Premises, in good condition and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain the condition of the Building consistent with similar first class buildings in the Market Area. In no event shall Landlord be responsible for the maintenance or repair of improvements made by or at the request of Tenant which are not Building Standard. Tenant will cooperate with Landlord to facilitate the performance of Landlord’s obligations under this Section 12, including any entry by Landlord into all or any portion of the Premises and the temporary relocation of items of Tenant’s personal property, all as Landlord may determine is reasonably necessary to properly perform such obligations. All requests for repairs must be submitted to Landlord in writing, except in the case of an emergency. If Tenant believes any maintenance or repair Landlord is obligated under this Section 12 to perform is needed at the Property, Tenant will promptly provide written notice to Landlord specifying in detail the nature and extent of any condition requiring maintenance or repair. Landlord will not be deemed to have failed to perform its obligations under this Section 12 with respect to any maintenance or repair unless Tenant has provided such written notice and Landlord has had a commercially reasonable time within which to respond to such notice and effect the needed maintenance or repair. Repairs and maintenance by Landlord pursuant to this Section 12 are included in Operating Costs, except to the extent excluded by Section 6(d). Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from work done in the Building or upon the Property, except to the extent resulting from the gross negligence or willful misconduct of Landlord, or the use of, any adjacent or nearby building, land, street, or alley.

Repair and Maintenance by Landlord. Except as provided in Section 14, Landlord shall be responsible for the maintenance and repair of exterior and load-bearing walls, Building structure, floors (but not floor coverings), mechanical, electrical, plumbing and HVAC systems and equipment which are Building Standard, the roof of the Building, the Common AreasAreas (as such term is limited in the definition thereof), and the Service Areas, the Parking Areas and the fire alarm panel, sprinkler system and strobes serving the Premises, in good condition and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain the condition of the Building consistent with similar first class buildings in the Market Area. In no event shall Landlord be responsible for the maintenance or repair of improvements made by or at the request of Tenant which are not Building Standard. Tenant will cooperate with Landlord to facilitate the performance of Landlord’s obligations under this Section 12, including any entry by Landlord into all or any portion of the Premises on such dates and at such times as mutually agreed upon by Landlord and Tenant, and the temporary relocation of items of Tenant’s personal property, all as Landlord may reasonably determine is reasonably necessary to properly perform such its obligations. All requests for repairs must be submitted to Landlord in writing, except in the case of an emergency. If Tenant believes any maintenance or repair Landlord is obligated under this Section 12 to perform is needed at the Property, Tenant will promptly provide written notice to Landlord specifying in detail the nature and extent of any condition requiring maintenance or repair. Landlord will not be deemed to have failed to perform its obligations under this Section 12 with respect to any maintenance or repair unless Tenant has provided such written notice and Landlord has had a commercially reasonable time within thirty (30) days in which to respond to such notice and effect effected the needed maintenance or repair, except in the event of any maintenance of repair that requires more than thirty (30) days to repair and Landlord shall have commenced said repairs or maintenance within thirty (30) days of Tenant’s written notice and continues to use commercially reasonable efforts to complete the maintenance or repairs. Repairs and maintenance by Landlord pursuant to this Section 12 are included in Basic Operating Costs, except to the extent otherwise excluded by elsewhere in this Lease. Except as provided in Section 6(d). 21 of this Lease, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from work done in the Building or upon the Property, except to the extent resulting from the gross negligence or willful misconduct of Landlord, or the use of, any adjacent or nearby building, land, street, or alley. Landlord shall at all times maintain the Building in a manner consistent with Class A office standards in the Market Area.

Repair and Maintenance by Landlord. Except as provided in Section 14, Landlord shall be responsible for the maintenance and repair of exterior and load-bearing walls, floors (but not floor coverings), mechanical, electrical, plumbing plumbing, vertical transportation, life/safety, security and HVAC systems and equipment which are Building Standard, the roof of the Building, the Common Areas, the Service Areas, Areas and the Parking Areas in accordance with all applicable Laws and the fire alarm panel, sprinkler system and strobes serving the Premises, in good condition and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain the condition of the Building consistent with similar first class buildings in the Market AreaStandard level. In no event shall Landlord be responsible for the maintenance or repair of improvements made by or at the request of Tenant which are not Building Standard. Tenant will cooperate with Landlord to facilitate the performance of Landlord’s 's obligations under this Section 12, including any entry by Landlord into all or any portion of the Premises and the temporary relocation of items of Tenant’s 's personal property, all as Landlord may determine is reasonably necessary to properly perform such obligations. All requests for repairs must be submitted to Landlord in writing, except in the case of an emergency. If Tenant believes any maintenance or repair Landlord is obligated under this Section 12 to perform is needed at the PropertyComplex, Tenant will promptly provide written notice to Landlord specifying in detail the nature and extent of any condition requiring maintenance or repair. Landlord will not be deemed to have failed to perform its obligations under this Section 12 with respect to any maintenance or repair unless Tenant has provided such written notice and Landlord has had a commercially reasonable time within which to respond to such notice and effect the needed maintenance or repair. Repairs and maintenance by Landlord pursuant to this Section 12 are included in Basic Operating Costs, except to the extent excluded by Section 6(d6(f). Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from work done in the Building or upon the Property, except to the extent resulting from the gross negligence or willful misconduct of Landlord, or the use of, any adjacent or nearby building, land, street, or alley.alley except to the extent caused by the gross negligence or willful misconduct of the Landlord or of its property manager in the exercise of their respective responsibilities hereunder. OFFICE LEASE AGREEMENT/EmCare, Inc. - Page 21

Repair and Maintenance by Landlord. Except as provided in Section 14, Landlord shall be responsible for (a) maintain, repair and, if necessary, replace the maintenance and repair of exterior and load-bearing walls, floors (but not floor coverings), mechanical, electrical, plumbing and HVAC systems and equipment which are Building Standard, the roof portions of the Building’s Structure, including all caulking, sealing, and water proofing and undertake any other replacement to the Common AreasBuilding’s Structure; (b) maintain, the Service Areasrepair and, the Parking Areas and the fire alarm panelif necessary, sprinkler system and strobes serving the Premisesreplace all Shared Facilities (defined below), in good condition each case in accordance with the Performance Standard (defined below); and repair, reasonable wear (c) undertake or cause to be undertaken the Landlord Repair Obligations (defined below). Tenant shall promptly notify Landlord in writing of any work required to be performed under this Section 7.2 and tear and damage due Section 7.4. All costs in performing the work described in this Section shall be included in Operating Costs except to casualty excepted, so as the extent excluded by Section 4.2 or to maintain the condition extent the cost of the Building consistent with similar first class buildings in the Market Areasuch work constitutes an Excluded Structural Cost. In no event shall Landlord be responsible for alterations to the Building’s Structure required by changes to applicable Laws arising from and after the Lease Date (which alterations shall be made, at Landlord’s election, either by Landlord at Tenant’s sole cost and expense or by Tenant at its sole cost and expense). This Lease is intended to be a net lease and except as expressly provided by this Lease, inclusive of Landlord’s maintenance, repair and replacements obligations in this Section 7.2 and Section 7.4, Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Project (or any equipment associated therewith), whether structural or nonstructural, all of which obligations are intended, as between Landlord and Tenant, to be those of Tenant. Except for Landlord’s maintenance, repair and replacements obligations in this Section 7.2 and Section 7.4, Landlord shall have absolutely no obligation to (1) repair, replace or maintain any portion of the Project (or any equipment associated therewith), or (2) to pay any costs or expenses, of any description, associated with the foregoing or the operations of the Project. Notwithstanding anything to the contrary contained in this Lease (except as otherwise expressly provided in Section 7.4), Landlord shall, in its commercially-reasonable and equitable discretion, determine whether, and to the extent, repairs or replacements are the appropriate remedial action; provided, however, except with respect to items that are generally considered routine repair and maintenance, Landlord shall consider any reports and recommendations of independent and reputable consultants. As used herein, “Performance Standard” shall mean high quality management practices for Class A office buildings in the former City of Kanata office submarket, in accordance with all Laws, Landlord’s commercially reasonable guidelines and, if applicable, meeting or exceeding the applicable manufacturer’s suggested preventative maintenance or repair of improvements made by or at and service standards and, for clarity, the request of Tenant which Performance Standard with respect to Tenant’s obligations under this Lease shall not include the responsibility to perform any items that are not Building Standardexcluded from Operating Costs. Tenant will cooperate with “Landlord to facilitate Repair Obligations” means (A) the performance of Landlord’s express obligations relating to Hazardous Materials as provided in Section 25.23; (B) all work necessary to address and close off any open work orders or outstanding building permits and any other violations of applicable Laws for which Landlord has received written notice from a Governmental Authority on or before the Lease Date; (C) all obligations in satisfying the initial construction-related obligations of the owner of the Land under this Section 12any site plan agreement, including any entry by Landlord into all site development, servicing agreement or other similar development agreement registered or affecting title to the Land or any portion other part of the related complex; and (D) all work necessary to properly rectify the items set out in Exhibit Q hereto. “Shared Facilities” shall mean those facilities, utilities, improvements, equipment and installations which service or are for the benefit of the Project together with any other part of the related complex (or any other development), including, access roads, pedestrian sidewalks, landscaped and planted areas, bus kiosks and shelters, roadways and stops, signs, equipment and fixtures, pipes, electrical, plumbing, drainage and any other shared utilities infrastructure. As of the Lease Date, there are no Shared Facilities. Landlord shall complete the obligations listed in clauses (B), (C) and (D) of the definition of Landlord Repair Obligations as soon as possible and in no event later than January 1, 2015. In undertaking such obligations, Landlord shall (i) keep Tenant frequently apprised as to the status thereof and (ii) to the extent that Landlord is undertaking any such obligations between the Delivery Date and January 1, 2015, Landlord shall use all reasonable efforts to minimize any interference with or disruption to Tenant’s use and quiet enjoyment of the Premises and the temporary relocation of items of Tenant’s personal propertyProject, all as Landlord may determine is reasonably necessary to properly perform such obligations. All requests for repairs must be submitted to Landlord in writing, except in the case of an emergency. If Tenant believes any maintenance or repair Landlord is obligated under this Section 12 to perform is needed at the Property, Tenant will promptly provide written notice to Landlord specifying in detail the nature Landlord’s sole cost and extent of any condition requiring maintenance or repair. Landlord will not be deemed to have failed to perform its obligations under this Section 12 with respect to any maintenance or repair unless Tenant has provided such written notice and Landlord has had a commercially reasonable time within which to respond to such notice and effect the needed maintenance or repair. Repairs and maintenance by Landlord pursuant to this Section 12 are included in Operating Costs, except to the extent excluded by Section 6(d). Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from work done in the Building or upon the Property, except to the extent resulting from the gross negligence or willful misconduct of Landlord, or the use of, any adjacent or nearby building, land, street, or alley.

Repair and Maintenance by Landlord. Except as provided in Section 14, Landlord shall be responsible for the maintenance and repair of exterior and load-bearing walls, floors (but not floor coverings), mechanical, electrical, plumbing and HVAC systems and equipment which are Building Standard, the roof of the Building, the Common Areas, the Service Areas, the Parking Areas and the fire alarm panel, sprinkler system and strobes serving the Premises, in good condition and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain the condition of the Building consistent with similar first class buildings in the Market AreaParking Areas. In no event shall Landlord be responsible for the maintenance or repair of improvements made by or at the request of Tenant which are not Building Standard. Tenant will cooperate with Landlord to facilitate the performance of Landlord’s obligations under this Section 12, including any entry by Landlord into all or any portion of the Premises and the temporary relocation of items of Tenant’s personal property, all as Landlord may determine is reasonably necessary to properly perform such obligations. All requests for repairs must be submitted to Landlord in writing, except in the case of an emergency. If Tenant believes any maintenance or repair Landlord is obligated under this Section 12 to perform is needed at the Property, Tenant will promptly provide written notice to Landlord specifying in detail the nature and extent of any condition requiring maintenance or repair. Landlord will not be deemed to have failed to perform its obligations under this Section 12 with respect to any maintenance or repair unless Tenant has provided such written notice and Landlord has had a commercially reasonable time within which to respond to such notice and effect the needed maintenance or repair. Repairs and maintenance by Landlord pursuant to this Section 12 are included in Basic Operating Costs, except to the extent excluded by Section 6(d)6. Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from work done in the Building or upon the Property, except to the extent resulting from the gross negligence or willful misconduct of Landlord, or the use of, any adjacent or nearby building, land, street, or alley, and Tenant shall look to the liability insurance maintained by Tenant pursuant to Section 21(a) with respect to any claims and damages resulting therefrom unless such expense, injury, loss or damage is primarily attributable to Landlord’s negligence, failure to timely perform its obligations under this Section 12 or Landlord’s misconduct.

Repair and Maintenance by Landlord. Except as provided in Section 14Subject to Sections 14 and 16, Landlord shall be responsible for keep in a good state of repair the maintenance and repair of roof, exterior and load-bearing walls, floors (but not floor coverings), mechanical, electrical, plumbing foundations and HVAC systems and equipment which are Building Standardbuilding structure of the Premises, the roof Common Areas and facilities of the Building, the systems and equipment serving the Common AreasAreas and Building, the Service Areasparking areas, pedestrian walkways and landscaped areas, and shall accomplish such repairs as may be needed promptly after receipt of written notice from Tenant. Notwithstanding the Parking Areas and the fire alarm panelforegoing, sprinkler system and strobes serving the Premises, in good condition and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain the condition if such repairs are required by reason of the Building consistent with similar first class buildings in the Market Area. In no event negligent acts or failure to act by Tenant or its employees, agents, contractors or invitees, Tenant shall promptly pay Landlord be responsible for the maintenance cost thereof as Additional Rent. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or repair interference with Tenant's business arising from the making of any repairs, alterations or improvements made by in or at the request of Tenant which are not Building Standard. Tenant will cooperate with Landlord to facilitate the performance of Landlord’s obligations under this Section 12, including any entry by Landlord into all or any portion of the Premises or Building, or in or to fixtures, appurtenances and equipment therein. If Landlord fails to make any repairs or to perform any maintenance required of Landlord hereunder and within Landlord's reasonable control, and such failure shall persist for an unreasonable time (not less than thirty (30) days) after written notice of the temporary relocation of items of Tenant’s personal property, all as Landlord may determine need for such repairs or maintenance is reasonably necessary to properly perform such obligations. All requests for repairs must be submitted given to Landlord in writing, except in and unless Landlord has commenced such repairs or maintenance during such period and is diligently pursuing the case of an emergency. If Tenant believes any maintenance or repair Landlord is obligated under this Section 12 to perform is needed at the Propertysame, Tenant will promptly provide written notice to Landlord specifying in detail the nature and extent of any condition requiring maintenance or repair. Landlord will not be deemed to have failed to perform its obligations under this Section 12 with respect to any maintenance or repair unless Tenant has provided such written notice and Landlord has had a commercially reasonable time within which to respond to such notice and effect the needed maintenance or repair. Repairs and maintenance by Landlord pursuant to this Section 12 are included in Operating Costs, except to the extent excluded by Section 6(d). Landlord may (but shall not be liable required to) following a second notice (which notice shall have a heading in at least 12-point type, bold and all caps "FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS") and Landlord's failure to commence repairs within five (5) days after receipt of such second notice, perform such repairs or maintenance in accordance with the provisions of this Lease governing Tenant's repairs and Alterations and Landlord shall reimburse Tenant for any expense, injury, loss or damage resulting from work done in the Building or upon the Property, except to the extent resulting from the gross negligence or willful misconduct all necessary and reasonable costs and expenses therefor within thirty (30) days after presentation of Landlord, or the use of, any adjacent or nearby building, land, street, or alleyappropriate invoices and back-up documentation.

Repair and Maintenance by Landlord. Except Notwithstanding the foregoing, Landlord shall maintain, repair, replace, and correct all latent defects in, as provided needed, the Base Building (including the core portions of the Building Systems) and Common Areas, as necessary to maintain the Base Building and Common Areas in condition consistent, in all material respects, with the Class A Standard, including maintenance, repair and replacement of the exterior of the Project (including painting) and landscaping, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, further, however, that, subject to the terms of Section 1410.3.2.2 of this Lease, if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord shall also operate, maintain, repair and replace the Building Systems as necessary in order to keep airborne concentrations of spores and other products of toxic molds and other biota below levels that are generally recognized as injurious to human health; provided, however, Landlord shall be responsible for deemed to be satisfying the maintenance and repair of exterior and load-bearing walls, floors (but not floor coverings), mechanical, electrical, plumbing and HVAC systems and equipment which are Building Standard, the roof of the Building, the Common Areas, the Service Areas, the Parking Areas and the fire alarm panel, sprinkler system and strobes serving the Premises, in good condition and repair, reasonable wear and tear and damage due to casualty excepted, so as to maintain the condition of foregoing requirement if Landlord constructs the Building consistent Systems in accordance with similar first class buildings the Base Building Plans, and maintains and operates the same in accordance with their operating specifications. Landlord may, but shall not be required to, enter the Market Area. In no event shall Landlord be responsible for the maintenance Premises at all reasonable times, subject to Article 27 below, to make such repairs, alterations, improvements or repair of improvements made by or at the request of Tenant which are not Building Standard. Tenant will cooperate with Landlord additions to facilitate the performance of Landlord’s obligations under this Section 12, including any entry by Landlord into all or any portion of the Premises and Premises, the temporary relocation of items of Tenant’s personal propertyBase Building or the Project as Landlord shall desire or deem necessary, all or as Landlord may determine is reasonably necessary be required to properly perform such obligationsdo under Applicable Laws, or by governmental or quasi-governmental authority, or by court order or decree. All requests for repairs must be submitted to Landlord costs in writing, except performing the work described in the case of an emergency. If Tenant believes any maintenance or repair Landlord is obligated under this Section 12 to perform is needed at the Property, Tenant will promptly provide written notice to Landlord specifying in detail the nature and extent of any condition requiring maintenance or repair. Landlord will not 7.2 shall be deemed to have failed to perform its obligations under this Section 12 with respect to any maintenance or repair unless Tenant has provided such written notice and Landlord has had a commercially reasonable time within which to respond to such notice and effect the needed maintenance or repair. Repairs and maintenance by Landlord pursuant to this Section 12 are included in Operating CostsDirect Expenses, except to the extent excluded by Section 6(d). Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from work done in the Building or upon the Property, except to the extent resulting from the gross negligence or willful misconduct of Landlord, or the use of, any adjacent or nearby building, land, street, or alley4.2.3.

Repair and Maintenance by Landlord. Except as provided in Section 14After the Commencement Date and completion of Tenant's punch list items, Landlord shall not be responsible required to make any improvements or repairs of any kind or character to the Leased Premises or the Complex, other than such repairs as may be required to the Building corridors and lobbies and structural members of the Building and Garage and as contained in the Addendum, any damage to the Leased Premises caused by Landlord, or its contractors, making other space in the Building ready for occupancy by other tenants, and such repairs and maintenance as may be deemed necessary solely by Landlord for normal operations for the maintenance and repair Complex consistent with the standards maintained by owners of exterior and load-bearing walls, floors similar buildings in the Park Ten area. This Section 3.04 shall not apply in the case of damage or destruction by fire or other casualty (but not floor coveringsas to which Section 5.02 shall apply), mechanicalor damage resulting from an eminent domain taking (as to which Section 5.01 shall apply). Except to the extent not reasonably avoidable in connection with temporary construction, electricalrenovation, plumbing repair, maintenance or other necessary activities of Landlord in the Building, and HVAC systems except in connection with the exercise of remedies it may have against Tenant in the event of default by Tenant under this Lease, Landlord shall conduct its business and equipment which are Building Standardcontrol its agents, employees and contractors in such manner as not to create any nuisance, or interfere with, annoy or disturb Tenant in its occupancy of the roof Leased Premises. Landlord shall not, in its operation of the Building, the Common Areascause any strong, unusual, offensive or objectionable odors, gases or vapors to be produced within, or to migrate to, the Service AreasBuilding, the Parking Areas and the fire alarm panel, sprinkler system and strobes serving the Premises, in good condition and repair, reasonable wear and tear and damage due to casualty excepted, so Garage or Leased Premises at such times as to maintain the condition of the Building consistent with similar first class buildings in the Market Area. In no event shall Landlord be responsible for the maintenance they are occupied by Tenant or repair of improvements made by its employees or at the request of Tenant which are not Building Standard. Tenant will cooperate with Landlord to facilitate the performance of Landlord’s obligations under this Section 12, including any entry by Landlord into all or any portion of the Premises and the temporary relocation of items of Tenant’s personal property, all as Landlord may determine is reasonably necessary to properly perform such obligations. All requests for repairs must be submitted to Landlord in writing, except in the case of an emergency. If Tenant believes any maintenance or repair Landlord is obligated under this Section 12 to perform is needed at the Property, Tenant will promptly provide written notice to Landlord specifying in detail the nature and extent of any condition requiring maintenance or repair. Landlord will not be deemed to have failed to perform its obligations under this Section 12 with respect to any maintenance or repair unless Tenant has provided such written notice and Landlord has had a commercially reasonable time within which to respond to such notice and effect the needed maintenance or repair. Repairs and maintenance by Landlord pursuant to this Section 12 are included in Operating Costs, invitees except to the extent excluded by Section 6(d)not reasonably avoidable in connection with temporary construction, renovation, repair, maintenance or other necessary activities of Landlord in the Building. Landlord shall not be liable will make reasonable efforts to notify Tenant for prior to any expense, injury, loss construction or damage resulting from work done other activity in the Building which may temporarily disturb Tenant in its normal business operations. Landlord agrees it will not engage in construction or upon other activity in the Property, except to Building which will interfere unreasonably with Tenant's conduct of business on the extent resulting from Leased Premises and there will be no core drilling on the gross negligence floors on which the Leased Premises are located or willful misconduct of Landlord, or the use of, on any adjacent or nearby buildingfloors between the hours of 8:00 AM and 5:00 PM, land, street, or alleyMonday through Friday.